Text
1. The sentence shall be suspended against the defendant;
2. One copy (No. 1) seized shall be confiscated;
Reasons
Punishment of the crime
On August 5, 2013, at around 3:30, the Defendant: (a) destroyed by setting fire to four edges of banners (Evidence No. 1) posted by workers dismissed by the D company's dismissal workers in front of the D company located in Jongno-gu Seoul Metropolitan Government D company, thereby causing public danger.
Summary of Evidence
1. Defendant's legal statement;
1. Police statements of E;
1. Records of police seizure and list of seizure;
1. Application of the investigation report (on-site bond photographs) and the investigation report (CCTV) Acts and subordinate statutes;
1. Article 167 (1) of the Criminal Act applicable to the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The punishment to suspend the sentence: Imprisonment with prison labor for six months and Article 59 (1) of the Criminal Act (hereinafter referred to as the following provisions, repeated consideration of the favorable reasons for sentencing);
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. The scope of applicable sentences: Imprisonment for six months to five years;
2. Scope of recommendations based on the sentencing guidelines: Imprisonment with prison labor for up to one year (determination of a type), fire prevention crimes, general standards, general goods fire prevention (type 3): Where actual damage is minor (the scope of recommendations), mitigation area, imprisonment with labor for up to six months from six months to one year;
3. Determination of sentence: Determination of sentence: Determination of sentence as per the order within the range of recommendation of sentencing guidelines, considering the following: (a) the possibility of spreading to a large fire in light of the time and place during which the instant crime was committed; (b) the Defendant led to the confession of and in depth against the Defendant; (c) the extinguishment of fire immediately; (d) the Defendant was causing inconvenience due to long farming; (c) the Defendant appears to have caused contingent crimes while experiencing inconvenience; (d) there was no past history of criminal punishment; and (e) the Defendant’s wife actively desires to take the Defendant’s wife on the side of the union where the banner was posted; and (e) determination of sentence as per the order within the scope of recommendation of sentencing guidelines; and (e) special suspension of the sentence